you want to click there. and read it for yourself. come to your own conclusions about it from the house select committee on benghazi. good to have you, pete snyder. thanks for being here. we'll see you. we'll pop online, fox news.com/outnumbered. click on overtime tab. "happening now" now. on the wreck there. >> start living and make a life for myself and halfway through the summer this happens. >> west virginia resident facing a long clean up. >> you can't give up >> following the flooding that killed 22 people and left hundreds of homes destroyed.

>> the judge under scrutiny for actions in another case. >> you can't be afraid to go out and compete. and a legend passes. remembering pat summitt in division one of college basketball history. it is all "happening now". we begin with today's release from the final report of the house committee investigating the benghazi attacks. welcome to the second hour of "happening now". i am jon scott. >> i am heather childers in for jenna lee. >> four americans died on the night of september 11th, 2012. including ambassador stephens. tray gowdy said now help was on the way.

>> nothing could reach them because nothing was ever going toward them. it is worth noting that statement was true if it was at 9:50 or lunch time on the 12th, because at the time those two americans were killed, not a single wheel of a single u.s. military asset had turned toward libya. >> the question is why? chief intelligence officer catherine herridge as more. >> reporter: the republican majority report found that the video explanation was crafted in washington by political appointees and did not reflect the real time intelligence and the pressure was on then secretary of state who wanted the benghazi operation to be

permanent within an announcement of the 2012 election. >> they got a terrorist attack and they have to mislead the american people. their legacy is on the long and she has the goddess of history looking over her shoulder. so they mislead the american people. >> the republican majority report reveals the meeting in the white house three hours in the terrorist attack, senior deputies to the cabinet and then secretary of state clinton. at that time, the terrorist attack in benghazi was ongoing. smith was dead and ambassador stephens was miss and this two navy seals were still alive. there were concern about offending the libyans and whether the rescuers wearing uniforms. in the course of three hours, he and his marines changed in and

out of their uniforms four times. instead of focusing on immediate help the focus was on the video and not offending libyans. >> nothing could have reached benghazi because no u.s. military asset was ever deployed to benghazi despite the order of the secretary of defense at 7:00 that night. so washington had access to real- time information, but yet they thought fighting subsided. >> the democrats said it was nothing new and many of the ideas were out there for a couple of years. the republicans on the committee counter there are 80 interviews with individuals that were never questioned by any other committee, jon. >> catherine her ridge, thank

you. >> for more we'll bring in hogan gidley for huckabee for president. julianne epistein. and former staff director of the house reform committee. welcome to both of you. hogan, you know, clear away all of the who did what and when? what did the report leave you saying to yourself? >> i am just disgusted by the actions of the president, of the secretary of state, and the secretary of defense leon pinneta seven hours after he issued the order for americans to be be rescued by any means necessary. someone told him to stand down. who told him to stand down? the president? secretary clinton? regardless of that, we have a cover up and a complete lie and a emphasis on putting

messaging over american lives and politics over people and defending libyan government as oppose ped to our own is thes. even if they were four nondescript americans it is shameful. but ambassador was her friend and was missing and they didn't know his fate and she was worried about politics, with five of the ten action items about a video that they knew was a lie. it is appalling and grotesque. >> i want to play for p you something that secretary clinton said on morning of september 12th. >> some have thought to justify the vicious behavior along with the protest that took place in our embassy as response to inflammatory material on the internet. america's commitment to religious tolerance goes back to the very beginning of our

nation. but let me be clear there is no justification for this. none. >> they were killed by mortar fire directed at the cianex. you don't cordinate mortar fire in a spontaneous protest. if that is your phone julianne go ahead and get it or hang it up. but the day after. she is assigning blame to theanger over the internet video and she had told her daughter it was a terrorist attack. >> there is three things to unpack here. the question as to whether there were misleading claims by the secretary of state or others after the attack that was inspire ped as a spontaneous. i am getting that mixed return on the earpiece. but whether it was a spontaneous attack inspired by the video.

the cia believed it was a spontaneous attack. all of the intelligence indicated that. if you look at transcript and evidence of the committee, all of the intelligence agencies said the attack that was occurring in carry and protest in carry were bleeding over into libya and related to the video. it was not until the 24th it was a planned attack and that's where the intelligence words. what secretary clinton and rice was saying is what the intelligence agencieses are stai standing. in tirps of standing down, that is a partisan language and accusations that we have seen in the report that took two years to conduct and over $7 million. there were two issues on the issue to stand down. there is no testimony that anybody told any of the first

responders to stand down. there is no testimony that shows that. the chief of base in libya had indicated to the first responders that he was trying to get libyan force its to join in the response as well. there was a delay in terms of. that if the department of defense should have sent in air- 16. secretary panetta was opposed and petraeus was opposed to that. experts said that it would have been a mistake because of a lot of friendly fire going at u.s. personnel. the idea of standing down is belied by the evidence and testimony. and there is a question to whether or not the administration for political purposes attributed the attacks to spontaneous protest by the video that is what they got from the intelligence community.

>> all right. hogan, it sounds like you want to disagree. what happened to panneta's order thin? for seven hours nothing happened. they disobeyed or decided to take a nap. someone told those folks to stand down. and even worse than that. >> you are confusing things. the confusion with panneta and petraeus opposed the f- 16s. they thought it would have hit u.s. troops and personnel. they thought it was a mistake. in terms of first responders, and the only delay and testimony shows and read the committee transcripts report, there was only a slight delay aimed at trying to get libyan forces to help in the rescue mission. and the idea that the department

of defense could have done more is totally debunked by all of the cia experts and a political explanation. >> the whole thing was badly handled and badly handled before president obama was trying to win re-election. >> regardless of that, apparently democrats think we are on a witch hunt to hurt hillary's political aspiration. they have no problem covering up the deaths of four americans and talking about a voochlt we are talking 14 hours and four americans and not a single american interest helped those folks. i don't know what the dithering was all about and worried about air support. i understand the strategy there, but letting four americans just die is horrible and that falls on the lap of the president of united states and hillary clinton.

>> the marine hymn, talking about the shores of tripoli and since when do we wait for libyan forces to help us out on. >> if you you ask david petraeus and secretary panneta. they would have been better going in with libyan forces than just u.s. forces. the idea of covering up the deaths as political partisan balonnie, and the idea that the department of defense could have done something that it didn't is just baloney. it is fair to say, and fair criticism. make a fair criticism. don't be unfair say issing they are covering up the deaths. the security in lib raand benghazi had major, major lapse. because of the global position forcing. snshg thanks to hillary.

>> no. no. the facts are wrong. no one shows hillary denied request for greater security. >> four dead americans? >> covered in american flags and she told the american that it was a fault of a video when she e-mailed her daughter it was a terrorist attack. she's telling the americans of the fallen a flat out light. >> that was information that came from the cia. and the reason you didn't have better security. >> i'm sorry, julian, i have to say good bye. >> thanks, god bless. >> we'll stay on this report

released by republicans today. congressman xa vier reacts to the claims in the report and more was not done as the attack was underway. bret baier will interview trey gowdy and representative susan brooks. republicans on the house committee issued their final upon report and it suggest that the white house pushed a false narrative to the american people p. do you agree? go to foxnews.com/happeningnow to join the conversation. let's feed him to the sharks! squuuuack, let's feed him to the sharks! yay! and take all of his gold! and take all of his gold! ya! and hide it from the crew! ya...? squuuuack, they're all morons anyway! i never said that. they all smell bad too. no! you all smell wonderful! i smell bad! if you're a parrot,

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attacks there. and security at the counselulate should have been inkroesd and the military should have been more prepareed to respond to attacks. >> you say, sir, that so much of what happened in benghazi was reflective of the fact that the administration and the legislative branch and congress were not on the same page when it came to events in benghazi, can you elab beerate on that? >> that's right, john. there are two issues that set the tragedy for what we saw in benghazi. first is white house and congress were not communicating well not overdo mestic affairs and national security issue. and that is and the lack of

cordination made it difficult to share the good ideas and maintaining the coordination between the executive and legislative branch is crucial. and the second issue is the tendency in washington to put analysis and signal intelligence ahead of the insights that we have on the ground. one of the tragedies in benghazi is that ambassador stephens was out in trying to develop the relationship and intelligence. whether it was this administration or the last or cold war, we favored analysis from a distance rather than from the boots on the ground. it makes it harder to know how to respond when bad things happen. >> tough to pick up that kind of information from drones and intercepted calls and so forth.

>> that's right. we had barely been in libya before it happened. >> and we want to turn our attention to the british vote to leave the european union. it might contribute to a more divided union or europe. critics say it is welcome news to vladimar putin and brexit takes the attention off sanctions against of russia because of what it did in ukraine, how do you see it? >> it is not an issue of the sanctions. it goes to the state of president putin's view of international affairs and the strategy that putin's government has been implemented in europe over the space of the last several years. the sanctions and war in ukraine are one part. but kremlin is not winning unless someone else is losing. if the united states is doing poorly or european union is torn

up with internal and political strife, the kremlin sees it an advantage of their international affairs. and the kremlin has taken an aggressive approach to fomenting this in europe. the congress is looking into the issue as is the u.s. intel itigence. and the united kingdom chiefs and other chiefs across europe expressed growing concern about the extent of kremlin participation in domestic politics. >> and christopher swift in georgetown university. thank you. snshg still to come, wall street trying to recover after big losses sponsored by the brexit vote. we'll have a check of the market next.

>> a fox news alert. republicans release a new report on the 2012 benghazi attack, faulting the obama administration and military for a slow response for what was going on that night in benghazi. while democrats release the report saying that the military could not have done anything different to save four americans killed. congressman, it is good of you to be with us. congressman gowdy raised an interesting question earlier in the day. we have the most powerful military in the world and not a single wheel rolled toward benghazi. why not?

>> it is unfair to inkikt the men and women in uniform who did all they coulding in benghazi. they did the best they could with what they had. and that's what you want to do thorough investigations. >> the investigation department tell us anything new. first thing we need to do is invest in security. we know that. and rather than talk about p it and do the sham investigations. get to work. >> it is not an indictment of the military. i support the military. but perhaps a failure of leadership. why was you know, you can overfly the compound with an f- 16 and there could have been and should have been done something done in the course of 13 hours. >> my nephew served in the military as well.

and i would want to do everything i could. unless you're saying that you are going to fault the officerses who then advised their superiors and who would advise the pentagon that they are are at fault. we have to learn what we saw happen and make it better the next time around. but monday morning quarterbacking at the cost of 7 million taxpayers dollars is to me not giving the kind of information we need to act. so get to work and get things done. the congress is dysfunctional and the culture of dysfunction infected congress too long and time to get the word done. >> monday morning quarterbacking are lessons learned and the report said in august of 2012, there were 34 security staff at the embassy by the end of the

month there were only six. it just seems in a place like benghazi, you're inviting trouble when the ambassador's own request for more security are going unanswered. jon, you are not asking anything that is not asked and answered in the previous investigation. we are shorter than we were before the last investigation was done. all of that information came out in previous investigations. no one disagrees with you. the pentagon will tell you that we need to do a better job of providing security in our personnel. that is not in question here. it is why we had to spend 7 million of taxpayers funds to find out what we already knew. >> not everything came out of the previous investigations including hillary clinton's

private e-mail that she sent to chelsea clinton that night saying it was an al-qaeda- like attack that had killed two of her people. that hadn't come out before. >> i guarantee you, i could have found out the answer to that without spend ping taxpayer dollars. the republicans had secretary is clinton under oath for 11 hours. one question could have gotten to that and you don't have to spend 7 million with the partisan investigation to find out some of that information or regurjerate what we know. we have to make sure the lives of those four americans are not in vain. and we make sure that no one in america should face this again abroad. >> isn't it about the time, 56 days to the election coming up, benghazi was supposedly the sign

of the success of the administration. they felt that gaddafi had been overthrown and without american boots in the ground and all of the sud den the first ambassador killed in the line of duty in 30 years. it seems that the administration bears responsibility for what happened there. >> well, certainly folks in the pentagon and folks in the state department and administration will say we take the oath of office, we understand we have a deep responsibility. for your son, my nephew and all of the men and women who serve be in uniform or diplopacy. and we take it seriously. this investigation trying to pin the fault on secretary clinton didn't succeed. we learned a bit more information but not much more than what we had in previous

investigation. let's get to work to protect the personnel. how about making sure americans here in america don't have to worry about a crazy or terrorist picks up a weapon in a gun shot and kill 49 people as we saw in orlando. we had a chance to take a vote on gun shaft measures and the republicans refused to let us vote. they are willing to do partisan hearings. but not give a vote to keep guns out of terrorist. >> we are getting off of the topic that we brought you here to discuss but we appreciate your time. thank you, sir. >> thank you, jon. >> back to the topic. hillary clinton wrapped up an event in denver and she addressed the benghazi report and we'll have her comments next. could brexit foreshadow what

happens in the u.s. election. my next guest said hillary clinton should be running scared. karen? yeah, they're hebrew national. but unlike yours, they're also kosher. only certain cuts of kosher beef meet their strict standards. they're all ruined. help yourself! oh no, we couldn...okay thanks, hebrew national. a hot dog you can trust.

ugh. heartburn.g ] sorry ma'am. no burning here. try new alka-seltzer heartburn relief gummies. they work fast and don't taste chalky. mmmm. incredible. looks tasty. you don't have heartburn. new alka-seltzer heartburn relief gummies. enjoy the relief. >> the house select committee on benghazi is out. josh earnest, the president's spokesman is responding. >> but that is the state of the republican party these days. >> one more. another issue on the hill. have a taken another look at

agencies and policies concerning the flags in federal cemeteries, does president obama agree with that and direct the veterans administration and national park service to remove these flags? >> i am not aware how this question is raised. >> we missed as we were in a commercial break. we missed josh earnest statements to the house committee. they were out with a blister aring report. hillary clinton has been talking about that and we have those remarks for you coming up. >> i have said from the beginning that nothing is more important than the development and officials going in areas around the world and pursuing

our security and i testified 11 hours that no one has thought more about or lost more sleep over the lives that we lost, the four americans which was devastating. and we owe it to those brave americans to make sure we learned the right lesson ones from this tragedy. it was under hillary clinton's state department that those four americans were killed and josh earnest a moment ago suggested that the entire committee affair was designed to tear downhill hill's poll numbers. >> a scathing report. there was a fault with the obama administration for the terror

attack that killed four americans including ambassador stephens and suggesting it was more about politics than a rescue mission. we are joined with with our guest with more. we just heard from hillary clinton and what she had to say in regards to the report and one brief snippet she said nothing is more important than the security of our diplomats. based on the report released by the communitiee is it thorough? >> she said what she needed to say. political speaking. cover up is worse than the crime itself. they are going to the lengths they did to say things publicly and it is at ads to it what they

were saying. and the real question of the administration's credibility and that is hillary clinton's weakness. they have questions about her truthfulness and credibility and the report and details in it raise questions about that. and is the latest poll it shows trump beating hillary clinton by 16 percent on whether the candidate is honest and straightforward. you wrote a piece on sunday on the national journal and you drew comparison between great britain's discussion to leave the european youn. does the voters consider it a referundum on the country. trump made an elitist case against hillary clinton this week. he charged that insiders like

clinton wrote the rules of the game to keep themselves in power and in the money. he goes after her biggest weakness. he's unable to sustain the argument on his own without a teleprompter. >> hillary clinton is the worst possible candidate given the political environment we are in. it is the republican and democrat party. but, the benefit she has this presidential election is not a referundum. it is a choice between two candidates and trump hasn't been able to exploit on her weaknesses going to scotland and talking about the golf courses instead of talking about this country. clinton is bad candidate.

>> you worry about brexit and the presidential election here? >> there is a profound mistrust of elites among the republicans. and people don't believe the so- called experts know what they are talking about in many snowings of american life. that is a challenge for the democratic party and hillary clinton. >> when it comes to donald trump's views, you point out that his views have an uncanny precision and directly corlate with with the views of the european and british who voted for brexit? >> absolutely. trump is doing better than romney did with blue collar and working class whites. and that's the kind of sentiment if trump can capitalize on. so far he's not been able to campaign effectively. >> and thank you so much.

i appreciate your insight is on a busy day. >> thanks. >> and the california judge who sentenced a stanford student to six months in jail for rape is facing scrutiny for his actions in another sexual assault case. and what he's accused of doing. staying in rhythm, it's how i try to live, how i stay active. and to keep up this pace, i need the right nutrition. so i drink boost®. boost® complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones, and 10 grams of protein to help maintain muscle. in three delicious flavors. i'm not about to swim in the slow lane. stay strong. stay active with boost®.

>> deputy spokesman is discussing the embassy security. >> i will not get into assessing and characterizing the actions of secretary clinton beyond saying she with all members of the state department on the fateful night were fully focused on assessing the situation on the ground in benghazi and trying to provide and working with the gaejs providing support we could in the relevant time period. >> do you see anything in the report that points to specific

wrongdoing that you contest or were not aware of? >> it is a good question. i spoke p this had now. we don't see anything new there. accountability is an issue here. accountable is all important. the accountable review board. the review board in its findings did assign some level of accountability. in saying that there were bureaucratic failings. we know that and were aware of those findings. and we have worked to address them in a variety of ways. we don't believe that there is anything new in this report that points fingers to any other individuals or entitties within the state department. >> now that the investigation is wrapped up and assuming there is

not another one, do you feel when you look back at everything now that the state department erred in having the out post in benghazi in the first place >> so. no. look, there was a lot. and i saw the press conference at 10:00 this morning and i heard the allegations put forth by various members of congress that work withed on this report. i am well aware of the context that you ask that question in. all i can say that benghazi was important. we all know what libya looked like at that time post sieve issil war are and conflict. benghazi was important outpost in the civil war with. and no knew that more than chris stephens. and he believed in benghazi.

and his was not only assessment that it was important. it was important that we had representation there and that's why we were there and you know, it speaks to be frank here, it speaks of the risk- taking that our diplomats do every day because we need representation in any given place and we need our diplomats to go there and to be forward leaning if you will. we do our best to protect them and try to do a better job protecting the individuals, but we stand by the fact that we needed our people in benghazi. >> so you support the -- you accept more responsibility on the bureaucratic decision making and security posture elements. >> i think we have acknowledged that in the past, brad. a couple of points. we did have and took seriously

the request that the embassy made and respond to their request for increased security on the ground with a few relative exceptions that had more to do with frafrpgly the profile that we wanted to have on the ground and not necessarily the security concerns. we tried to address them. but you know, and we the other qualifier there is as other past investigations have found, and others have spoken to including those on the a rb, that the attack on benghazi was uniquely intense and we did not have enough assets on the ground to reabout how far p that and it would have been difficult to have the assets on the ground to rebuff that. that said, of course, we'll take

the lessons. >> mark toner is a deputy press spokesman in the state department choosing his words carefully when a blistering report came out from the house select committee investigating the benghazi terror attacks and there you got a sample of the state department reaction. heather? >> the dow recover after two big selloffs. but there's one sign that markets are still shaky following last week's brexit vote. we'll have more on that as you take a look at live numbers there, when we come back. ♪ ♪ ♪

♪ ♪ ♪ (whispers rocket)

welcome back. the california judge who sentenced a former stanford university@the three to just six months in jail for rape is now under fire for his actions in a different sexual assault case, this one resulting in a much longer sentence. according to a new report, weeks after aaron persky handed down his verdict in the stanford case, he sentenced a 32-year-old immigrant from el salvador to three years in prison for sexual assault. we have a fox news analyst and former prosecutor and attorney. thank you for joining us. both of these men, guilty of sexual assault, but two very different sentences. keisha, i'll begin with you. why, and do you think it was fair? >> it was so unfair. the reason the sentences are different is because ramirez pled guilty to a charge that required a mandatory minimum of three years. whereas with turner his conviction did not require that. i still think the judge was

wrong. with ramirez his hands were tied, but with turner his hands weren't tied. he should not have abused his discretion. >> ramirez had to get three years but he could have given turner more? >> right. his hands were tied with ramirez, the law he pled to was different than the law that turner was convicted of. but with turner, his hands were not tied. he could have given him at least six years, he could have given him ten years. he gave him six months, i think that can go down to three months. that sentence was ridiculous. >> was he biased, should he be removed from the bench? >> you can't say that he was biased based on the ramirez sentence, because that's mandatory. you can't just take that one example and say that he's biased. but looking just at the turner, just looking at that, you can say it's poor judgment. >> they can look back in prior

years to see if he imposed harsher sentences for minorities. you can't prove it with the ramirez case, as lee said, because it was mandatory. he still needs to be reprimanded. there's no way a rapist should receive a six-month sentence because he's wealthy or was at stanford. >> or perhaps not be allowed to sit as a judge in those type of cases. >> and the horrible things the father says, we all read the victim's impact statement, we pay these judges for their judgment, and he exercised such poor judgment in that case. >> that's why he's called a judge. >> right. >> thanks for joining us. lots of breaking news. we'll be right back with more. crowd sounds ]

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it came as a shock even to the icelandic commentator. listen. [ shouting ] >> he's excited. iceland going on to face france in the quarter finals. >> you'll get them next time, britain. thanks for joining us. "the real story" starts now. >> bye. and we start out with a fox news alert right now. hillary clinton, the white house, and the state department, all on the defense right now after republicans on the house benghazi committee release an 800-page report blaming bureaucratic delays for the deaths of americans, four americans who were killed in that attack in benghazi. hi, everyone, i'm heather nauert in for gretchen carlson. this is "the real story." four americans including a u.s. ambassador lost their lives on september 11th, 2012, at the u.s. diplomatic outpost in libya. the republican's report finding that u.s. officials misunderstood who their allies were at the time in the area. americans there were saved